LAW514: Commercial Law – Jak Case Study Assessment Answer

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Code: LAW514

Commercial Law Jak Case Study Assessment Answer

Assignment Task: LAW514

Jak Case Study

Jak has worked as a successful accountant for several years since graduating with a double major in finance and accounting. He is 28 years old and is looking to start his own accounting practice in Parap, Northern Territory. He has saved up a substantial amount of capital, however, he will still need to borrow $25,000 to finalize the
arrangements. He has no assets and cannot obtain a loan without a guarantor. Jak consults his elderly parents, who grew up in Australia. He tells them he has a fantastic idea and that he needs their help. Jak’s parents have always been very proud of him and think his plans are fantastic. Jak tells his parents he needs only $25,000 and this
will be repaid within 6 months, after which time they would be under no further liability.
Arrangements are made for a bank manager to visit Jak’s parents and they both sign as guarantor for Jak. However, the agreement they sign is one for an infinite credit limit over an unlimited period.

Jak borrows $50,000 from the bank for a term of 4 years. His business goes well for some time. However, after 9 months rival practices open which significantly slows Jak’s revenue stream, forcing him to default on his loan obligations. The bank calls in the loan and approaches Jak’s parents for the balance, a sum of $43,000.

Required: LAW514
1. Jak’s parents do not have $43,000 readily available to repay the loan and they fear to lose their family home. They seek your advice.
2. How would your advice be different if, instead of Jak convincing his parents to act as guarantors, he had asked his wife Isabelle to co-sign a loan agreement? Isabelle has arrived in Australia 5 months ago from France. She speaks broken English and works as an artist.

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